scholarly journals ОN THE CONCEPT AND SYSTEM OF PRINCIPLES OF CRIMINAL PROCEEDINGS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 240-245
Author(s):  
K. A. Titova
Keyword(s):  
Controversial Issues ◽  
Criminal Proceedings ◽  
Legal Literature

The article discusses the system of principles of criminal proceedings. The author, based on the study of legal literature, judicial investigative practice, analyzes the existing system, focuses on controversial issues that require special attention.

scholarly journals EXPEDITED PRETRIAL CRIMINAL PROCEEDINGS: PROBLEMS OF THEORY AND PRACTICE

2021 ◽  
Vol 6(72) (3) ◽  
pp. 246-251
Author(s):  
T. V. Gorbenko ◽  
I. R. Ul’yanova
Keyword(s):  
Theory And Practice ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Legal Literature

The article discusses the system of principles of criminal proceedings. The author, based on the study of legal literature, judicial investigative practice, analyzes the existing system, focuses on controversial issues that require special attention.

scholarly journals Prohibition of interrogation of notaries as witnesses in criminal proceedings

1970 ◽  
pp. 345-349
Author(s):  
Ulyana Polyak
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
Made In

The current criminal procedure law of Ukraine stipulates that a witness is obliged to give a true testimony during pre-trial investigation and trial, however, the legislator made an exception for this by specifying the categories of persons who have been granted immunity from immunity, ie they are released by law. testify. The article deals with the problems of law and practice regarding the prohibition of the interrogation of a notary as a witness in criminal proceedings and the release of him from the obligation to keep the notarial secret by the person who entrusted him with the information which is the subject of this secret. The notion of notarial secrecy is proposed to be changed, since the subject of this secrecy is not only information that became known to the notary public from the interested person, but also those information that the notary received from other sources in the performance of their professional duties, as well as the procedural activity of the notary himself, is aimed at achieving a certain legal result. The proposal made in the legal literature to supplement the CPC of Ukraine with the provisions that a notary is subject to interrogation as a witness on information that constitutes a notarial secret, if the notarial acts were declared illegal in accordance with the procedure established by law The proposal to increase the list of persons who are not subject to interrogation as witnesses about the information constituting a notarial secret is substantiated, this clause is proposed to be supplemented by provisions that, apart from the notary, are not notarized, other notarials, notaries as well as the persons mentioned in Part 3 of Art. 8 of the Law of Ukraine "On Notary". Amendments to the current CPC of Ukraine by the amendments proposed in this publication will significantly improve the law prohibiting the interrogation of a notary as a witness in criminal proceedings, as well as improve certain theoretical provisions of the institute of witness immunity in criminal proceedings.

INCRIMINATION AND THE MODIFICATION OF INCRIMINATION IN HEARING

2017 ◽  
pp. 175
Author(s):  
Arita Upīte ◽  
Ilona Bulgakova
Keyword(s):  
Legal Regulation ◽  
Criminal Case ◽  
Full Understanding ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Court Hearing ◽  
The Way

The author of the research provides the explanation of the concept of criminal proceedings, its content, explores and analyzes the possibilities of amending the incrimination in court hearing process and its application in practice by studying and analyzing the legal literature, legal regulation and practice materials. Researching the Criminal Proceedings Law paragraphs 461 and 462 application in practice, the author has identified that public prosecutors, amending the incrimination in court hearing process, often indicate only the paragraph, without pointing the way the incrimination was amended, which does not allow to draw a conclusion if the way of incrimination amending has been understood correctly, as well as the incrimination amendment is used to clarify the incrimination and correct misspelling mistakes that have been made.The author of the research makes suggestions for improvement of mentioned regulations, because the incrimination must provide full understanding of its essence, without searching for additional explanations in criminal case materials.

scholarly journals To the question of the implementation of the right to protection of minors, victims of crime

2020 ◽  
Vol - (1) ◽  
pp. 41-44
Author(s):  
A.I. Glushkov ◽  
◽  
E.E. Smekina ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Victims Of Crime ◽  
The Right

The article is devoted to the analysis of issues of legal regulation and the realization in modern conditions of the rights to protection of adolescents who have suffered as a result of the crimes committed against them. Legal literature, legislative acts, as well as judicial and investigative practice on this issue have been analysed. On the basis of the study, problems of ensuring the right to protection of juvenile victims in criminal proceedings were identified, as well as proposals for improving the norms of criminal procedure legislation regulating this sphere of activity and their application were justified.

scholarly journals Participation of a Teacher and Psychologist in Criminal Procedure on Cases Against Minors

2021 ◽  
Vol 7 (12) ◽  
pp. 289-294
Author(s):  
L. Savelyeva
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Status ◽  
A Minor

The criminal process in cases involving minors has its own peculiarities, which is explained by the need to ensure the rights of minors. At the same time, the current legislation does not always have a systemic character; a number of norms contradict each other. The specifics of Russian criminal justice in cases involving minors is a ground for discussion among scientists and practitioners. One of the controversial issues is the mechanism for ensuring the participation of a teacher and a psychologist in criminal proceedings in cases involving minors. The author concludes that the rules for the participation of a teacher or psychologist in criminal proceedings should not differ depending on the procedural status of a minor (accused, victim, witness). When considering the status of a teacher and a psychologist, the author comes to the conclusion that it is inexpedient to identify them. The teacher should be recognized as an independent participant in the process on the part of the defense, and it is advisable to consider the psychologist as a specialist.

Procedural Expression

2020 ◽  
pp. 250-322
Author(s):  
Carsten Stahn
Keyword(s):  
International Criminal ◽  
Role Play ◽  
The Political ◽  
Niklas Luhmann ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Positive Effects ◽  
Legal Literature ◽  
Negative Attributes

The chapter examines to what extent international criminal proceedings enable discursive justice. It draws on performative theories (e.g. Julie Stone Peters) and semiotics to show that proceedings have symbolic, narrative, didactic, and transformative functions. They involve a stage, a plot, audiences, and scripting. In legal literature, these features are often associated with negative attributes, such as ‘show trials’ in the political sense. However, performance is not necessarily something negative. As Niklas Luhmann has demonstrated, role play, that is, the exercise of certain ascribed or expected roles in proceedings, may have certain positive effects. The chapter demonstrates how different agents in the criminal process (e.g. Prosecution, witnesses, Defence, victims, judges) have used narratives to convey messages to different audiences. It argues that international criminal proceedings encompass more performative, rather than truly discursive elements, due to their adversarial structures.

Conclusion of evaluated value examination with the positions of an estimator and expert. Background of the development of an innovative risk management project and monitoring of the evaluation of value-expert examination

2020 ◽  
pp. 52-58
Author(s):  
Т.Ю. Демина
Keyword(s):  
Risk Management ◽  
Market Value ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Innovative Project ◽  
Management Project ◽  
And Control

Учитывая опыт автора, накопленный в результате рецензирования оценочно-стоимостных экспертиз, проведенных как квалифицированными оценщиками, так и действующими экспертами, предложены следующие спорные вопросы для рассмотрения: · Рассматриваем оценку рыночной стоимости актива в рамках уголовного судопроизводства; · Оцениваем применимость результата оценки в уголовном судебном производстве; · Аккумулируем опыт оценщика в экспертной деятельности; · Аккумулируем опыт судебных экспертов в оценке. На основании анализа спорных вопросов, обоснованы предпосылки разработки инновационного проекта управления рисками и контроля за производством оценочно-стоимостной экспертизы. Предложенный проект управления сможет реализовать принцип эффективности, конкурентоспособности и перспективности данного направления. Taking into account the author’s experience gained as a result of the review of appraisal and cost assessments conducted by both qualified appraisers and current experts, the following controversial issues are proposed for consideration: · We consider the assessment of market value in the framework of criminal proceedings; · Evaluate the applicability of the result of the assessment in criminal proceedings; · We accumulate the experience of the appraiser in expert activities; · We accumulate the experience of forensic experts in the assessment. Based on the analysis of controversial issues, the prerequisites for the development of an innovative project for risk management and control over the production of cost-based expertise are substantiated. The proposed management project will be able to implement the principle of efficiency, competitiveness and prospects of this area.

scholarly journals Concept and content of access to justice in criminal proceedings of Ukraine

2019 ◽  
pp. 20-30
Author(s):  
O. Kuchynska ◽  
O. Shchyhol
Keyword(s):  
Social Relations ◽  
Fundamental Principle ◽  
International Standards ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Legal Literature ◽  
Domestic Legislation ◽  
Administrative Proceedings ◽  
High Level

Access to justice is a fundamental principle of criminal proceedings and one of the most important guarantees of criminal proceedings participants’ rights. Nevertheless, nowadays there is no single approach to concept and content of this legal category. The reason is a large number of related and similar terms which apply to domestic legislation of Ukraine and international legal acts, as well as lack of established scientific grounds regarding legal nature of access to justice, its purpose and essence. Thus, the purpose of the article is: 1) to analyze current legislation, international standards and scientific background in the domain of access to justice; 2) to define concept and content of access to justice in criminal proceedings of Ukraine. It needs to be mentioned that in comparison with civil, commercial and administrative proceedings, criminal procedural law regulates social relations which involve the most substantial interference with human rights. The high level of interference and limitations surely generates requirements for establishing in criminal proceedings certain guarantees (including access to justice), which have to be effective and efficient. However, this cannot be achieved without thorough and solid legal terminology which should exclude ambiguous interpretation of any legal categories and provide a basis for their proper understanding. Therefore, criminal proceedings require additional attention even to small details: subtleties of juridical technique, language constructs and so forth. In this regard, as it has already been mentioned, concept and content of access to justice in criminal proceedings of Ukraine remains problematic. It is concluded that the concept of access to justice (in criminal proceedings and in general) is insufficiently explored and current legislation contains a number of similar definitions with uncertain difference remaining between them. The same applies to the content of access to justice which has ambiguous interpretations in legal literature. It is suggested to streamline legal terminology in regard to access to justice.

scholarly journals Information Technologies in Criminal Proceedings of Russia: Controversial Issues of Proof

2020 ◽  
Vol VIII (Issue 4) ◽  
pp. 598-612
Author(s):  
A.V. Gavritsky ◽  
Yu.V. Demidchenko ◽  
O.N. Palieva ◽  
V.B. Paliev ◽  
L.I. Poltavtseva ◽  
...  
Keyword(s):  
Information Technologies ◽  
Controversial Issues ◽  
Criminal Proceedings

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

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